>>. >> gregg: paying tribute to his presented ser, pope francis, the card that's that elected him to lead the catholic church. he said benedict 16th enriched the church. he wants to visit him in the papal residence but they have not set a day as of yet. the men were up in years, experienced shall we say and urged them to share their wisdom with the young. he is set to be officially

installed as pope this coming tuesday. >> it seems one police officer was at the right place and right time when he pulled over a speeding car just as the woman was having a baby. you can see that suv zipping past his patrol car on the left-hand side of your screen. this happened in eastern yeiw. he, iowa. he finally gets the driver to pull over on the side of the road. >> okay, good. >> i had every expectation, we were having a baby. we were driving to the hospital and i would shake their hand, good luck. >> gregg: not what happened. he said the baby was already on its way out. ready to greet the world. he helped wrapped the child up in a blanketed and escorted everybody to the hospital. it was only couple blocks away. we're happy to report that mother and child are doing quite fine. by the way, a spokeswoman for the police department, the officer did not give them a

speeding ticket. good for him. congratulations to everybody. that is gng to do it for this hour. there is dow down 29 points. it could have set another record yet today. 11th straight winning day but neil cavuto has more next. >> neil: remember how this got nasty? >> would you consider it constitutional for congress to specify that the first amendment shall apply only to the following books. >> i'm not a sixth grader. i've been on this committee for 20 years. i've been up close and personal to the constitution. i have great respect for it. you wanted to lecture me on the constitution. i appreciate it. know i've been here to a long time. >> he chose not to answer the question i asked which is -- in her judgment, it would be consistent with the constitution for congress to specify which books are permitted and which books are not. >> the answer is obvious, no.

>> neil: don't look now but they are clubbing each other. we couldn't get diane but we did get ted. we're going to talk to ted cruz what has turned into a little more than a spat. try washington's version of ali frazier but it's not going to be pay-per-view. we have all the bloc by blows free of charge -- blow-by-blows. >> before we get to the republican senator, take a look at republican senate leader. >> i want you to take a look at that stack of papers behind me. it's the most powerful argument yet against obamacare. [ applause ] >> neil: that wasn't sean hannity's contract. here is what mitch sick. it confirms nancy pelosi was

right. >> we have to pass the bill. >> you can find out what is in it. >> neil: turns out a lot of stuff was in it. lots of surprises including this latest one, a $63 charge for every worker for every company to cover every person with a preexisting condition. that is 190 million workers at cost of $25 billion over three years. that is just the latest. remember the payroll tax hike and higher taxes on investment income? the financial hit, $317 billion. cadillac tax on high cost insurance plans, another $111 billion for that one. a mandate that employers provide health care or pay a fee, tax on that $106 billion. annual tax on health insurance providers, $102 billion. then there is the individual mandate, $55 billion for that

one. we're not done. tax on medical device makers, $29 billion. the list goes on and on. more than 20 new taxes and fees totaling a trillion bucks. that is doubling the estimate just a few years ago. folks, it ain't over. it could send employers over the edge. the real shocker, i talked to a lot of accountants of companies -- they didn't know about this. it's like peeling that onion. >> right. you saw the stack of papers, 20,000 pages of obamacare regulations, it's seven feet, three inches tall, nine inches call of kobe bryant. 66 dollar per person fee.

employers are looking at this. it came out this week so it's not something they carefully prepared for. this being more than anything illustrates what this health law illegal unholy alliance between government and insurance companies because they are going to get about 4/5 of that money. >> we should have seen it coming. it's met to pay for insurance companies that have to cover those preexisting conditions. the thought was the insurance companies would pick that up or there would be surtaxes but it's the companies that provide those insurance plans to their workers that are paying this fee and putting this money into this pool. if you are a business and you are looking at trying to keep your balance sheet even, now you have this charge of close to $70 a worker, something tells me you are either got to cut back to workers or cut back to the

planned increase you are planning for those workers. >> we've already seen some companies, especially if they have low wage earners that work hourly they are cutting back on the hours the workers can work. they are switching them from full time status to part time status, this is the way some of the employers are trying to avoid the mandate in the health care law. it's a myth that companies, rich ceos or employers are going to be the one that ultimately pay for that. they can pass it along to consumers or flew layoffs or through reductions in hours. i would also not in la month's job numbers. we saw an increase in private sector jobs but that was equal to the number of people who added a second or third job. americans are having a hard time making ends meet and obamacare is not helping. >> neil: i'm so surprised, so many financial things. companies didn't have any idea about this. thank you very much. in the meantime, he tried,

but that must be where it is at. even a very fit john mccain couldn't cut what lawmakers had coming down the pike. congress expected to take up what they call a continuing resolution to keep the government lights on even as they keep the government waste coming, as well. senator, welcome to you. i would be remiss if i mentioned a special dated yesterday, 40 years ago that you and your military brothers were released from vietnamese prison. you don't make much of that kind of stuff yourself, but man, oh, man what you went through then. i couldn't believe it's been 40 years. how do you feel? >> i feel like the most fortunate man i ever heard of. i went through such a great deal of experiences then. i've been able to serve the country nonstop since.

i've been the nominee of the republican party. it always intrigues me when they say mccain is angry. look, i get angry when i see injustice and i get angry when i see pork that we're going to talk about. i'm so happy to be in the arena and happy to be able to serve, i can't tell you how grateful i am to serve this country, maybe not always the best but i sure am happy about it. >> neil: senator, this whole issue relates to something i want to bring up with you first and foremost. your service to the country and 40th anniversary of six years of living hell. you called on a carpet for criticizing rand paul and

filibuster over drones and president's policy on drones. by extension, senator cruz will also be chatting. also calling you a clueless old man. what did you think of that? >> first of all, in an interview i said that senator paul and senator cruz were whacko birds. that was inappropriate. i apologize to them for saying that because i respect them both. i respect what they stand for and what they believe in. they both made an impact here in the united states senate. senator paul in particular and senator cruz also and others constitute what i believe is going to be an ongoing debate in this country in the republican party in particular about the role of the united states in the world. that debate has been going on since the end of world war one

and prior to world war ii and after the vietnam war. that debate i respect their views, but i believe we live in a dangerous world. i think the sequestration is outrageous. command and the of marine corps says half of the units will not be deployable and north koreans are threatening us with nuclear weapons and not to mention all the other things. the threats to national security. >> neil: are you saying these gentlemen, more to the point -- senator rand paul don't appreciate these threats when they take the position they do? >> i think they have a different view, a very different view. i have seen senator paul articulate that and senator cruz to a lesser degree. throughout the history of our country, there was the wing of our party and eisenhower wing.

>> neil: but they said you are a part of an old wing. what rand paul had said at cpac. here is the senator. >> the g.o.p. of old has grown stale and moss covered. [ applause ] >> i don't think we need to name many names. >> neil: what do you think of that? >> i got to get that moss -- everybody is entitled to their views. i'm proud to have served in the house and the senate under what i think is the greatest president of the 20th century and ranks as best ever is ronald reagan. he believed in peace through strength. he restored america when we were deteriorated very good badly. told us about people held

hostage in the embassy in tehran, we were weak. he believed in peace through strength. i think we should look at his lessons as to how we rebuild the military, not tear down the military to meet the challenges. i would argue since the end of the cold war we are probably in some kind of danger of conflict somewhere in the world since then. i will require a military that is good. i've talked to a lot of military leaders in the last few weeks. they are telling me that young people are making a decision as to whether they want to stay in the military or not. they are sick and tired of this kind of behavior that we're engaged here in washington. we're in danger of losing some very good people. >> neil: very quickly, senator, you were praised for being a maverick when you took on the leaders of your party. now, you are part of this

pre-historic old guard that won't budge. it seems weird? >> life isn't fair as you know, neil, but the important thing for me is to be in the arena and part of the debate and try to contribute to the future of the country and represented the people of arizona. when you are in the arena, as you know, you are going to take arrows and take hits and you are going to mcmistakes. i've made my share. i'm so honored to have the ability to serve and the friendships that i have and by the way, 40 years ago those that i love most and still have a great honor in my life serving long ago and far away. people like robinson and jim stockdale to be capable of things we never would have been capable of and i still love them all.

>> neil: i do want you to remember that. when he came back from 40 years ago, a lot of folks were born were criticizing him right now. you heard from him and now time to hear from cruz. putting good money after bad. the union guy, that is what the union guy seeing red. [ man ] i got this citi thankyou card and started

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the most common side effects are dry mouth and constipation. talk to your doctor about toviaz. >>. >> neil: he is pitching and his critics are bitching. >> only way to break this cycle of spiking gas prices, only way to break that cycle for good is to shift our cars entirely, our cars and trucks off of oil. >> neil: good idea? promoting new technology, his latest effort would be $2 billion under taking.

phil, your sense he has his priorities mixed up? >> absolutely. right now if you want to get gasoline prices down you have the greatest clean energy fuel available today. it's called natural gas. we have a natural gas production explosion going on in this country today. by acknowledging this and moving in that direction instead of wasting bad money on low high risk low return energy sources we should be doing that today. just today, there was a report that a chinese company is spending billions of dollars to build natural gas filling stations in this country. why are we not doing this? why is it coming from another country doing it? it shows you how crazy the policy is. >> neil: you consider yourself as to the needs of environment but in this case, you would say jobs? >> not just that but we know that oil is going to be part of

this economy for generations to come. we need that oil. the fact is the keystone xl pipeline which is project we've been working on a number of years will help increase our domestic production of oil from a safe and secure neighbor and it will help us to create jobs on that during the construction which is very important. >> neil: so from your vantage pointed and when you hear from environmentalist friends loyal to the president, he is going to do this and they are not going to forget about it. if he goes ahead and wants to complete the pipeline, do you think that will cause serious problems for the president? >> i don't know how many problems it will cause. the fact of the matter is, the studies have looked at this pipeline that have been conducted -- there have been many of them -- have been done thoroughly point to the fact that much of the rhetoric that

the environmentalists of using doesn't pan out. so if he is going to make a decision on the record, the record supports building this pipeline. it's not all the vitriole doesn't pan out in the studies and in the reports. it's the right decision for the country. so, i don't know what the ramifications would be. obviously, we're supporters of the president. we supported the president aggressively during the last election. we consider part of his constitutional as well and we're hoping he makes the correct decision which is supported by the record. >> neil: gentlemen. in the meantime, more trouble for carnival cruise. is the company about to be rocked with lawsuits? and from one cruise to another, who is really rocking the boat. >> it seems to me that all of us should begin as our foundational document with the constitution. >> i studied the constitution myself.

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>>. it seems to me we should begin our foundational document with the constitution. would you consider it constitutional for congress to specify that the first amendment shall apply only to the following books? >> i'm not a sixth grader. senator, i've been on this committee for 20 years. i studied the constitution myself. i reasonably well educated. i thank you for the lecture. so, i come from a different place i respect your views. i ask you to respect my views. >> at the same time i would chose she chose not to answer the question i asked.

which is, in her judgment would it be consistent in the constitution for congress to specify which books are permitted and which are not? >> the answer is obvious, no. >> neil: that bent well, dianne feinstein still stewing over that tit-for-tat calling him patronizing. senator cruz ready for responding today. what did you think of that. arrogant and patronizing? >> it's quite great to be with you. other senators can choose to hurl whatever insults they have in my direction, i have no intention of reciprocate go. 26 million people in texas expect me to come here and represent them and particular to raise the questions i raised at that hearing. what are the limits of the constitution? i got to tell you there are a lot of politicians, both

democrats and republicans who have lost sight of the constitutional limitations. i have to tell you the reaction of the judiciary committee when i raised the limitations of the second million and bill of rights, those reactions were reminiscent to nancy pelosi when she was asked where is the authority for obamacare. her answer was, are you serious? a lot of people don't think it's serious to recognize the limits of the constitution. i think it's the obligation of every one of us. >> neil: she seemed to be saying look, i've been around here for 20 years. you need your place. that is my interpretation. i'm sure it's not news to you, as a freshman senator you are in a unique and special club and not following the rules of decorum in that club? >> i think there are several other senators who have decided to insult me personally.

my consistent pattern, they can throw insults they want. my focus will remain on the substance. for example, the response that was ultimately given in that exchange is that heller supreme court decision gave congress the authority to represent assault weapons. i know exactly what heller said because i represented 31 states and active part of litigating it. what supreme court said in heller is that the second amendment allows for dangerous and unusual weapons to be prohibited. example it gave was machine guns and sawed off shotguns and weapons that are in common use can't be prohibited in the second amendment. the assault weapons ban, it's trying to ban a semi-automatic rifle, effectively a deer rifle with certain features of which there are over 4 million in

circulation. under explicit terms under heller you can't ban a firearm that is in common use by the american citizen ready to defend homes and families. my focus is on the substance, not on whatever the emotion or anger might be on the other side. >> neil: it's not just the other side. there was a dust off with senator mccain not calling him by name and feeling you and maybe senator rand paul were sort of representing a new wing of the party that wasn't going to be following, for want of a better term, the old wing of the party. then it got to seem a tit-for-tat between you guys and senator mccain. an issue i raised earlier. i want your reaction to this. >> in an interview i said senator paul and senator cruz were whacko birds. that was inappropriate.

i apologize to them for saying that because i respect them both. i respect what they stand for and what they believe in. >> neil: how do you feel about senator mccain? >> i appreciate his graciousness in saying that. on the substance, if it makes us whacko birds to stand for liberty and stand for the constitution, then that is badge of honor i wear proudly. more substantively, i pointed out yesterday was the 40th anniversary of john mccain's being released from prisoner of war camp in vietnam. i took to the senate floor yesterday to commemorate and to honor john mccain for his valor, for his integrity and incredible courage to turn down early release and instead to spend years more in torture for his country. whatever senators may choose to say disparaging things about me,

i have no intention of doing the same. my focus, my job is to stand up for principles of liberty and stand for the constitution. >> juan: got along with him. whatever inferences they are gone? >> lots of folks say things that sometimes they come to regret later. i can't control what others say. what i can control is w say. my focus is consistently focused on the substance and merits. sen this country. i don't think most americans care about political bickering in washington. they do care about restoring economic growth, expanding opportunity in this country and they also care about the constitution. they care about a federal government that unlimited by the constitution. thomas jefferson said, constitution serves as chains to governmental so every day i view part of my responsibility to 26

million texans to come in here and focus on the constitutions. we take the oath that i take seriously. >> neil: it gives the impression there is a battle royale inside the republican party for the heart and soul of the republican party that is being called a civil war. do you think republicans are having this great debate that has turned out to be much larger fight that has been put on public display? >> i think there is certainly a debate about what direction we should go in as republicans. 2012 was obviously a lousy election year. republicans got clobbered. what i have been urging to everyone is what we failed to do in 2012 was win the argument that free market principles work. particularly they work with those that struggle to climb the economic ladder. every republican on the to have

two words tattooed on their hands, growth and opportunity. we are stuck in stagnation for four years in a row we have had average economic growth of .08% a year. biggest reason is that it's impacting hardest who are least well off among us, young people, african-americans, hispanics, single moms. their lives have been made harder because obama policies are not working. if we get back to flee policies that work, it will make it far easier for people that are struggling to achieve the american dream. that should be our passion every day. >> neil: senator cruz, thank you very much. senator cruz will be closing out the cpac tomorrow night. ahead of that very important speeches earlier in the day. as a result it's adjusting the start time of our special business block. 11:00 a.m. eastern time. you don't want to miss it. we are pushed back.

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or is there something around the corner? john, what do you think? >> i think it's definitely overdone at this point. we talked about it. market is overdone at this point. we talked about it a couple weeks ago, market didn't believe that sequestration was going to be some major problem. it was more just talk, but now we see it's not a problem. we've already went through it. more and more guys on the bear side of the market. this could be the opportunity for a pullback and retail investors should take more caution. >> neil: you would remind me, the market goes up and up. maybe pause was in order here but what are we really looking at? >> we are looking at the facts that the market has been establishing areas of value. sprinkle nl we break down? of those areas, anyone that is saying i think it's gone too far

and too high is trading on opinion. a good friend always says, let you trade your opinion, you and he will trade the market. clearly the market has been establishing values on the upside. >> neil: just the data and evaluation, price earnings that we peg, is it rich or not so rich, is it historically beyond the norm? >> it means that investors the perception of the value is upside so we'll see upside activity until we run out of buyers. picking tops is risky business. all the other major markets have been sideways. dollar has been well bid. that is concerning. that is uncomfortable in terms of traders are seeing a weak dollar but that correlation broke down after the most

meetings and there seems to be a lot of supported for the dollar right now. as i mentioned the stocks are clearly on the upside. only thing that is holding stocks back is a little bit of a little bit activity that takes conviction away from the trade. divergence we've seen is the nasdaq. tech sector is yet to release to the upside but look at the russell. >> neil: they are doing good. john, how much of this is pegged to how we are feeling, average folks, sentiment was awful and follows in other consumer attitudes attitude numbers that shows we're getting ansy? >> i understand where ben is coming from. i'm not trying to pick a top. the market is solid looking vehicle. what we need in america we need some growth. we need growth in companies. we have more than 50% of the companies out there trading well above their 40-day moving

average. that is technical in the path when we have seen spikes like that we have seen pull backs in the market. we are projecting 1% growth for q-1. the growth i would be looking at that stocks on a tail is just not there. when i look forward i see a decrease can economy and healthcare costs going up to employers. more importantly, the did i verge enter activity in the market is government intervention. i think until we can determine that the government isn't in the market somehow forcing people to be in the market with zero interest rates, you don't have much more to go. >> neil: the market has climbed that wall of worry, will it continue? >> it seems to again. i completely agree with that. we are in an environment where the fundamentals don't add up to price activity. your p/l is based on market activity.

they have to have fighter pilot to have made any money. it basically closed on the highs today. >> neil: good point. gentlemen, thank you. >> meanwhile, i got good news four. we are all going on a cruise. i got bad news. we are all going on carnival. don't laugh. a lot of angry carnival customers are not in the mood to sail but they sure in a mood to sue. carnival is very deep ship. what's droid-smart ? with google now, it automatically knows when you need to leave for the airport, how much traffic there is, and can have your boarding pass ready. the droid razr maxx hd by motorola. droid-smart. droid-powerful. ♪

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because of mechanical problems. to add to those potty problems on triumph and lots of ships that were poorly named and lot of lawyers smelling blood. let's try this. lis wiehl and attorney stacy schneider. lis you are a passenger on any one of those ships. >> i am rubbing my hands in glee. i can't wait for the lawsuits. come on, they knew about this. they knew the ships were in big trouble. the foreseeability. i'm loving this lawsuit. >> neil: you think they would rename, this is carnival disaster. you would have an idea. titanic would be good. >> i once again, we talked about this before, you can't recover anything for a bad cruise.

that ticket you bought, exactly, they can screw up all they want. i'll tell you why. the contract is your ticket to sail on that ship. the fine print counts and it governs by maritime law. fine print tells you what.... >> neil: explode. >> no! >> you tell them in the contract that they are not liable and bus it is governed by maritime law it's not the law that governs standard contracts. >> neil: go ahead. >> adjusting negligence but not gross negligence. >> there is a law and i think it's pretty gross. you can't recover to the extent you wanted to recover, it may be $7500 because of maritime law but you can't be immune from gross negligence. we have one after the other

having the same or similar problems. >> neil: that mai work against you. you knew we were a disaster. [ laughter ] >> neil: every one of our ships has this problem so it's your fault. >> having a bad time on a cruise and getting angry about it, it's not gross negligence. >> neil: i know. i admire the fact... but this is like pretty bad. >> not allow suing because you are annoyed. you have to have a harm to you. it has to be something to you. >> neil: my dream cruise, one big event of their lifetime. >> you should have read the ticket you got to board the boat. on that ticket they are not liable and you agreed to it. >> neil: for anything at all? >> unless there is an intentional inflicting of

emotional distress. >> neil: what was the sinking ship with all, stinking ship which was not triumph. but there is nothing in that ticketed guarantee that says, look, even if you run across feces in the hallway, you have nothing? >> because you must suffer a physical harm. >> neil: i got my physical harm. >> and having anxiety about it. >> neil: no matter anxiety, i got my kids going through feces in the hallway. >> you have to have a physical manifestation of injury. >> i think you can have that. >> your hair falls out. when people were traveling with your in-laws, that is enough to make are in your hair fall out. >> neil: what about your in-laws and other things. >> other emotional distress.

>> neil: lis, you see where there is a pattern. you've got a suit. eight class action. >> the only problem with maritime law you can't sue as a class action but what the judge can say, i can take all of you. that is in the contract but i'll take them altogether. >> neil: what is the difference? >> there is really is no difference the judge is i'll take these altogether. >> neil: its class action? >> it not called class action. >> in maritime law it's different. if you are an individual the money that you would spend to recover that is why you get a lawyer that bundle all these together and takes 30%. >> neil: is that all you are taking? all right. the segment is over.

okay. [ laughter ] >> neil: have a great st. patrick's day. somebody gets drunk on the stoop sue them. where will you be in 20 or 30 years. i will be with these ladies arguing a legal point. that is how long we will be finally getting d.c. spending in control -- whoa! if you think most hybrids are a bit under sized then this will be a nice surprise. meet the 5-passenger ford c-max hybrid. c-max come. c-max go. c-max give a ride to everyone it knows. c max has more passenger volume than competitor prius v and we haven't even mentioned... c-max also gets better mpg. say hi to the super fuel efficient ford c-max hybrid.

>>. >> neil: i want to show you something here and see if you notice a pain here. >> my goal is not to chase a balanced budget just for the sake of balance. >> i want us to be on a path to balance the budget in a number of decades u can't do it in one decade. not after what we have been through.

>> neil: governor huckabee, a number of decades? >> i was checking the weather forecast and i was looking when hell freezes over. that is when we are going to balance the budget going to nancy pelosi. >> neil: not a big priority? >> obviously not, not when you are spending the money they are spending and moved the budget to $17 trillion in four years when they were busting bush five years ago about having a $9 trillion deficit saying it was unpatriotic. they have no intention of slowing down spending because power, power is ability to give people things. i'm not talking about poor people. that is the big fallacy. republicans need to do a better job, which i think unfortunately they believe they should, give the big banks a bunch of money and brokerage houses more money. we are spending $83 billion a year to prop up the biggest banks in the country. it's not just food stamps that is killing us, neil.

that is something that republicans need to be more clear about and be consistent. >> neil: so would you not give them to banks? >> no, banks are commercial enterprise. if they can't make it. why should this government subsidize krispy kreme donuts. >> neil: talking to you during the break, it appears to me what is going on in the republican party as a bit of a civil war. >> there is nothing civil about it. >> neil: right. and john mccain dismissed it and senator cruz dismissed it. i'm definitely getting that feeling. what is going on? >> any time you lose an election there is a lot of finger pointing the there is deep philosophical differences within the party and it splits how big government should be, how soon we deal with the deficit and medicare and some of the things i mentioned. issues like should the

government get involved in picking winners and losers in the marketplace, whether it's the tarp bill, you and i were alone out there opposed to that. those are issues that sometimes underscore deep convictions on the part of people as well as some of the social issues. >> neil: do you think it's gotten to the point where republicans, for whatever reasons, was shooting themselves? i brought this up to senator mccain and i think we have him commenting on going after cruz and going after rand paul. >> in an interview i said that senator paul and senator cruz were whacko birds. that was inappropriate and i apologize to them for saying that. i respect them both. i respect what they stand for and what they believe in. >> i appreciate his graciousness in saying that. on the substance, if it makes us

whacko birds, to stand for liberty and stand for the constitution, then that is badge of honor i wear proudly. >> neil: looking like whacko birds? >> they could. the republicans need to focus on the differences they have with democrats. there is room for differences among the party but don't ask people of strong convictions to give up. i am strongly pro-life. don't ask me to give it up. i can't necessarily force you to believe that, but don't ask me to walk away from it because it's a conviction. ask me to contrast my view with the democrats but not contrast it with other republicans. >> neil: well put. thank you very much. you can catch the governor's show saturday nights on 8:00 p.m. bay, do you guys remember the doctor who took on the president to say, now dr. ben carson is

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